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Industry, Environmental Groups, And Political Parties Disagree About Feasibility And Reach Of Epa’s Proposed New Vehicle Emissions For 2027-2032

Practice Area: infomedia

Industry, Environmental Groups, And Political Parties Disagree About Feasibility And Reach Of Epa’s Proposed New Vehicle Emissions For 2027-2032

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On April 12, 2023, the EPA and Biden Administration proposed new rules governing emissions from new vehicles manufactured in the United States between 2027 and 2032. The EPA bases its authority to enact the regulations on section 202(a) of the Clean Air Act. The Biden administration previously laid the groundwork for more stringent vehicle emissions…
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Monmouth Capital Management Expelled By Finra

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FINRA has announced it has expelled Monmouth Capital Management for various violations, including churning, excessive trading, failure to supervise its representatives and providing false and misleading disclosures to retail customers on its client relationship summary (“Form CRS”). During its investigation, FINRA obtained evidence which reflected Monmouth, by way of approximately six (6) registered representatives, excessively…
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Supreme Court Clarifies Standard For Religious Accommodations

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On June 29, 2023, the United States Supreme Court unanimously adopted a new “undue hardship” standard for religious accommodations under Title VII of the Civil Rights Act (“Title VII”). The decision came in Groff v. DeJoy, No. 22-174 (June 29, 2023), which concerned an Evangelical Christian postal worker who opposed working on Sundays due to…
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Finra Proposes New Liquidity Risk Management Requirements

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On June 12, 2023, FINRA published Regulatory Notice 23-11,[*1] soliciting comments on proposed Rule 4610 concerning liquidity risk management requirements. Rule 4610 would require covered members—those with the “largest customer and counterparty exposures”—to “have and maintain sufficient liquidity on a current basis” at all times. The purpose of Rule 4610 is to “ensure that members…
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Employment Protections Expand Under The Pregnant Workers Fairness Act

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On June 27, 2023, the EEOC began accepting charges under the Pregnant Workers Fairness Act (“PWFA”). The PWFA requires “covered employers” to provide “reasonable accommodations” to a worker’s known limitations arising from pregnancy, childbirth or other related conditions, unless doing so would impose an undue hardship on the employer. With more than 30 states and…
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Pennsylvania Supreme Court Refuses To Adopt Interpretation Of Section 385 Of Restatement (Second) Of Torts That Limits Liability Of Contractors To Third Parties To Latent Defects

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In Brown v. City of Oil City, 2023 WL 3471043 (Pa. May 16, 2023), the Supreme Court of Pennsylvania held that an out-of-possession contractor that has created a dangerous condition through work performed for a possessor of land who has accepted the contractor’s work may be liable to all persons suffering injuries caused by the…
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Building Material Warranties Not Held At Gunpoint In Alabama

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The construction of a structure encompasses many different areas that often are not realized until a party is subject to litigation arising from the construction. Litigation can often bring to light certain warranties that attach to building materials or products that make up a newly constructed structure. Common warranties potentially impacting parties to litigation arising…
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Supreme Court Narrows Scope Of The Clean Water Act

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On May 25, 2023, the United States Supreme Court ruled in Sackett v. Environmental Protection Agency, 143 S. Ct. 1322 (2023) to narrow the scope of the Clean Water Act’s (“CWA”) regulations governing wetlands. The Court held that for wetlands to be regulated under the CWA, the wetlands must be connected to traditional navigable waters…
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Appellate Court Affirms Summary Judgment In Favor Of Insured For Coverage Of Losses From Ransomware Attack

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A New Jersey appeals court affirmed summary judgment for insured pharmaceutical company Merck in a cyber coverage dispute regarding a “Hostile/Warlike Action” exclusion included in a $1.75 billion “all risks” property insurance program. Merck & Co., Inc. v. Ace American Ins. Co., No. A-1879-21, A-1882-21, 2023 WL 3160845 (N.J. Sup. Ct. App. Div. 2023).   …
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Idaho Supreme Court Rules That Statute Of Limitations Began To Run When Landslide Damaged Lot, Rather Than When Damage To Home Later Manifested

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In 2014, Amy and William Dempsey purchased a vacant lot in a subdivision. The Dempseys hired an architect to design a home, who then contracted with Briggs Engineering to prepare plans for site grading, drainage, and erosion control. In 2015, the Dempseys entered into a contract with BrunoBuilt, Inc. to build the home, which called…
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